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Main Street contractor behind schedule; city says AquaFest preparations will be protected
Summary
Public works staff reported the Main Street downtown project is behind schedule and behind in billed work; the contractor committed to written recovery schedule and to clearing the site for AquaFest, while the city outlined contract remedies including liquidated damages and termination with surety coverage.
City staff told the Lake Stevens City Council on June 3 that the Main Street downtown construction contract is behind both schedule and billing and that the city is seeking written recovery commitments from the contractor.
"We have a $3,760,000 contract with them. They have performed $588,000 worth of work so far," said Eric Mangold, the city's capital projects manager, summarizing contract performance and concerns.
The nut graf: Public works said the contractor has used roughly 68% of the contract working days but delivered about 19% of the contract amount in billed work; the city has demanded a recovery schedule and an action plan, and described enforcement options including liquidated damages, bond-backed contractor replacement, or contract termination.
Mangold said the contract specifies 95 working days and that 63 of those days have passed; a change order added seven working days for additional excavation and utility coordination. Staff asked the contractor to deliver a recovery schedule and an action plan by the end of the week, and elevated the issue to the contractor's ownership. The city also retained a construction management firm, KVA Incorporated, to assist with federal-grant compliance and documentation.
On AquaFest, Mangold and staff said the contractor has verbally committed to clear key areas and to provide "safe and flat" pedestrian access so the festival and the carnival can proceed; the contractor must remove material stored in the downtown laydown yard or move it to the firm's alternate staging area. Public works said it will oversee final pedestrian safety preparations and coordinate with the AquaFest board.
City staff told the council they remain in regular communication with the Washington State Department of Transportation, the project's grant oversight agency, and that WSDOT is aware of the schedule issues. Mangold also said the city prefers to avoid contract termination but is prepared to pursue liquidated damages and, if necessary, use the contractor's performance bonds to finish the work.
Ending: Staff said they will continue weekly construction meetings, track working days and deliverables, and seek the contractor's written schedule and action plan immediately; the council did not take a formal vote but asked staff to continue oversight and report back.
